Madras High CourtWP(MD)/19059/2017disposed of

S.Ulagan, v. The Registrar Of Co-Op.

2019-03-15Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.19059 of 2017 S.Ulagan ... Petitioner vs.

1.The Registrar of Cooperative Society, O/o.the Registrar of Cooperative Society, Keezhpakkam, Chennai.

2.The Deputy Registrar of Cooperative Society, O/o.the Deputy Registrar of Cooperative Society, Perumalpuram Post, Tirunelveli District.

3.The President, O.293, Melailanthaikulam Primary Agricultural Cooperative Credit Society, Melailanthaikulam, Thevarkulam viz., Sankarankoil Taluk, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents 2 and 3 to revise the salary of the petitioner in accordance with 12(3) Settlement dated 03.03.2014 in Number B4-21412014 along with arrears and other consequential benefits with effect from 01.04.2013 within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For R1 & R2 : Mr.S.Angappan Government Advocate For R3 : Mr.D.Muruganantham

ORDER

This writ petition has been filed seeking a direction to the respondents 2 and 3 to revise the salary of the petitioner in accordance with 12(3) Settlement dated 03.03.2014 in Number B4-21412014 and pay arrears and other consequential benefits with effect from 01.04.2013.

2.Heard the learned counsel appearing for the petitioner; the learned Government Advocate for the respondents 1 and 2 and the learned counsel for the third respondent.

3.The learned counsel appearing for the petitioner submitted that the petitioner is serving as a Secretary in the third respondent Society and as per the settlement entered under Section 12(3) of the Industrial Disputes Act, 1947, dated 03.03.2014, the petitioner is entitled to revised scale of pay. Since his pay was not revised, he made a representation dated 19.07.2017 and the same has not been considered so far. Hence, the petitioner is before this Court.

4.The learned Government Advocate appearing for the respondents 1 and 2 and the learned counsel for the third respondent submitted that the representation of the petitioner would be considered on merits and appropriate orders be passed. 5.In view of the above submission, this Writ Petition is disposed of, directing the respondents to consider the representation of the petitioner dated 19.07.2017, in the light of the terms of settlement dated 03.03.2014 entered under Section 12(3) of Industrial Disputes Act, 1947 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner. No costs. Sd/- Assistant Registrar (T AND P) // True Copy // Sub Assistant Registrar(CS ) mj To 1.The Registrar of Cooperative Society, O/o.the Registrar of Cooperative Society, Keezhpakkam, Chennai.

2.The Deputy Registrar of Cooperative Society, O/o.the Deputy Registrar of Cooperative Society, Perumalpuram Post, Tirunelveli District.

1CC TO MR. T. LAJAPATHY ROY, ADVOCATE SR 54584 1CC TO THE SPL GOVT PLEADER SR 54938 DS 15/04/2019 3P 5C W.P(MD) No.19059 of 2017 15.03.2019